Posted on: 20th Oct, 2008 03:57 pm
No one is currently living in a home that has a foreclosure hearing scheduled for 11/04/08. How long do I have to clear out the remaining contents? Do I need to take everything I want out before that hearing?
I am assuming that you owned the home prior to foreclosure. If you aren't in the house, and it hasn't been officially taken, I would go back and get your belongings. They have a right to the home, but not it's contents, unless you are talking about the appliances.
If this is a home you were renting, I would contact the sheriffs department and ask for an escort to the home to get your things so you aren't trespassing.
If this is a home you were renting, I would contact the sheriffs department and ask for an escort to the home to get your things so you aren't trespassing.
Hi hgodfrey!
Welcome to forums!
You will have take away your belongings from the house before the hearing. If was your rented house, then you will have to contact the Sheriff and take his permission before removing the goods.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
You will have take away your belongings from the house before the hearing. If was your rented house, then you will have to contact the Sheriff and take his permission before removing the goods.
Feel free to ask if you have further queries.
Sussane
Sorry I wasn't more detailed in my question. The house was my mom's, QC'd to me 3 years ago. I took out mortgage to pay for care to keep her at home. When I was working, that was great, but when my job disappeared I had to make my primary residence my priority. Mom now lives with me so her house is unoccupied.
I didn't know if I lost access to the house once this foreclosure hearing takes place, or if I have until the actual foreclosure sale. It's hard to be with Mom 24/7 and get back to the house and finish emptying it out. I will have to make a determined effort to get what I want.
Thanks for the input!
Helen
I didn't know if I lost access to the house once this foreclosure hearing takes place, or if I have until the actual foreclosure sale. It's hard to be with Mom 24/7 and get back to the house and finish emptying it out. I will have to make a determined effort to get what I want.
Thanks for the input!
Helen
hi hgodfrey!
once the foreclosure sale is over, you will get 3-4 days time to take away your belongings from the house. however, i would like to ask you a few questions. have the lender already declared the foreclosure? if no then you can try for a short sale or a deed in lieu foreclosure. you may also contact the loss mitigation department of the lender and consult with them to deal with the situation. they will give you a repayment plan which may suit you.
have a look at the given link to know more about loss mitigation:
http://www.mortgagefit.com/loss-mitigation.html
thanks.
once the foreclosure sale is over, you will get 3-4 days time to take away your belongings from the house. however, i would like to ask you a few questions. have the lender already declared the foreclosure? if no then you can try for a short sale or a deed in lieu foreclosure. you may also contact the loss mitigation department of the lender and consult with them to deal with the situation. they will give you a repayment plan which may suit you.
have a look at the given link to know more about loss mitigation:
http://www.mortgagefit.com/loss-mitigation.html
thanks.
What is coming up in November is the foreclosure hearing where, I assume, the foreclosure judgement will be handed down. The foreclosure sale probably won't be until January.
I have the home listed for sale, but so far no buyers. I spoke with the lender about a deed in lieu, but they really weren't interested.
I just need to rally a group of friends and family to help move out the last of the furniture and 40 years accumulation of "stuff" and I needed to know how long I actually have. I also have to arrange for a sitter for my Mom while I go and deal with the house.
I'm not sure at what point possession passes from me to the lender. At the foreclosure judgement, or at the foreclosure sale.
Thanks,
Helen
I have the home listed for sale, but so far no buyers. I spoke with the lender about a deed in lieu, but they really weren't interested.
I just need to rally a group of friends and family to help move out the last of the furniture and 40 years accumulation of "stuff" and I needed to know how long I actually have. I also have to arrange for a sitter for my Mom while I go and deal with the house.
I'm not sure at what point possession passes from me to the lender. At the foreclosure judgement, or at the foreclosure sale.
Thanks,
Helen
Hi hgodfrey,
Please note that going through the actual foreclosure process from the date of your first default notice, to the actual auction sale date, can be from 21 days to 9 months (depending on the state you live in) before you are ordered to move out of your home. If you really are not going to be able to keep your home, you should already be making plans financially and physically for a place to move to.
Check with your state's foreclosure laws to be sure of the actual time frame from beginning to end date.
And as Niicss has stated to you, you should still check with the Loss Mitigation department of the lender to see if you qualify for any workout option from the lender to keep the home and stop the foreclosure.
If you truly can't get your foreclosure stopped, then the actual foreclosure of the home will occur on the auction date. Soon after that, the eviction process will start. Someone may deliver a notice to your property, which is telling you how much time you have to vacate the property (usually about 30 days, but in some cases it is more like only 2 weeks!) and remove all of your property in the house.
Once again, be sure to check with your state's laws.
Let us know if you still have questions.
Good Luck. :D
Please note that going through the actual foreclosure process from the date of your first default notice, to the actual auction sale date, can be from 21 days to 9 months (depending on the state you live in) before you are ordered to move out of your home. If you really are not going to be able to keep your home, you should already be making plans financially and physically for a place to move to.
Check with your state's foreclosure laws to be sure of the actual time frame from beginning to end date.
And as Niicss has stated to you, you should still check with the Loss Mitigation department of the lender to see if you qualify for any workout option from the lender to keep the home and stop the foreclosure.
If you truly can't get your foreclosure stopped, then the actual foreclosure of the home will occur on the auction date. Soon after that, the eviction process will start. Someone may deliver a notice to your property, which is telling you how much time you have to vacate the property (usually about 30 days, but in some cases it is more like only 2 weeks!) and remove all of your property in the house.
Once again, be sure to check with your state's laws.
Let us know if you still have questions.
Good Luck. :D
My house has been turned over to a real estate broker to be sold. it has been foreclosed on. I have until November 19th to move out of the house. Do I take the stove that came with the house or do I leave it. I have been offered relocation assistance to help me move. The broker said I should leave the stove. Doesn't the stove belong to me too.
Hello C wright,
There are a few general rules and guidelines for homeowners to help them determine what items to take, without the fear of a lawsuit, and without causing damage to the property. You must first be able to determine between a fixture and personal property, even if that personal item has been affixed to the house.
It a fixture if:
1.There will be damage to the property (or would make the property unlivable) when the item is removed. If a cost will be involved to repair or replace the item.
a.Most often furnaces, ovens, and air conditioners, copper pipes, faucets, doorknobs, keys, trees, landscape items, etc. are considered as fixtures because they relate to the property being functional and relates to the current use of the property.
Note: Please keep in mind the original intention for the item when it was originally installed into the home or attached to the property. Was it installed to be a permanent part of the house or not?
Its personal property if:
1.It is an item that is not attached to the property. Or if it can safely be removed from the house without any damage and replaced with something comparable.
a.Washing machines and dryers are usually considered a personal item.
2.And of course if it is your own actual personal property you take it with you.
Note: Homeowners may replace a fixture with one that is comparable. If you had bought a new oven, and still have the original old one, you may take the newer one with you and just reattach the older one in its place. The newer oven could be considered your personal property.
I hope this gives you enough information. Let us know if you still have questions.
Good luck. :D
There are a few general rules and guidelines for homeowners to help them determine what items to take, without the fear of a lawsuit, and without causing damage to the property. You must first be able to determine between a fixture and personal property, even if that personal item has been affixed to the house.
It a fixture if:
1.There will be damage to the property (or would make the property unlivable) when the item is removed. If a cost will be involved to repair or replace the item.
a.Most often furnaces, ovens, and air conditioners, copper pipes, faucets, doorknobs, keys, trees, landscape items, etc. are considered as fixtures because they relate to the property being functional and relates to the current use of the property.
Note: Please keep in mind the original intention for the item when it was originally installed into the home or attached to the property. Was it installed to be a permanent part of the house or not?
Its personal property if:
1.It is an item that is not attached to the property. Or if it can safely be removed from the house without any damage and replaced with something comparable.
a.Washing machines and dryers are usually considered a personal item.
2.And of course if it is your own actual personal property you take it with you.
Note: Homeowners may replace a fixture with one that is comparable. If you had bought a new oven, and still have the original old one, you may take the newer one with you and just reattach the older one in its place. The newer oven could be considered your personal property.
I hope this gives you enough information. Let us know if you still have questions.
Good luck. :D
I don't think I was clear when I asked about the stove. I am referring to a cook stove. It is not attached to the property and will not cause damage if removed. However, there is a microwave installed over the stove. Would that be considered one unit?
By the way, thanks for the quick response to my previous question.
By the way, thanks for the quick response to my previous question.
Hi C wright,
As I mentioned, the stove/oven may be considered a fixture because it relates to the property being functional and relates to the current use of the property. And you did state that the stove originally came with the house. This could easily be interpreted that it is a part of the house to begin with.
Remember though, that you may choose to take that existing stove/oven and replace it with another one that is comparable. As to whether or not that the over the stove microwave counts as part of the actual stove unit, I do not know.
Good luck.
:D
As I mentioned, the stove/oven may be considered a fixture because it relates to the property being functional and relates to the current use of the property. And you did state that the stove originally came with the house. This could easily be interpreted that it is a part of the house to begin with.
Remember though, that you may choose to take that existing stove/oven and replace it with another one that is comparable. As to whether or not that the over the stove microwave counts as part of the actual stove unit, I do not know.
Good luck.
:D
WHAT ARE THOSE COMPANIES CALLED THAT COME AND REMOVE STUFF LEFT BEHIND- PERSONAL ITEMS AFTER A HOUSE HAS BEEN FORECLOSED ON? I SAW SOMETHING ON T.V. ABOUT PEOPLE JUST LEVING ALL KINDS OF STUFF BECAUSE THEY DID NOT HAVE ROOM OR A WAY TO MOVE ITEMS.
Hi DGRIFF
As far as I know, if a home owner leaves behind personal belongings, the lender will be able to seize those items. I haven't heard of companies removing personal items from a house after foreclosure.
Thanks.
As far as I know, if a home owner leaves behind personal belongings, the lender will be able to seize those items. I haven't heard of companies removing personal items from a house after foreclosure.
Thanks.
When your home that you own is sold as foreclosure for less than what is owed, am I legally responsible for the difference between the sales amount and the final payoff (including legal fees added by foreclosure attorneys)?
Welcome Bob S.,
Yes, you will be responsible for the deficient amount resulting from the sale of the property. The lender may ask you to pay off this amount to him. However, if you are staying in a state which follows anti-deficiency laws, then the lender cannot sue you for the deficient amount.
Yes, you will be responsible for the deficient amount resulting from the sale of the property. The lender may ask you to pay off this amount to him. However, if you are staying in a state which follows anti-deficiency laws, then the lender cannot sue you for the deficient amount.
Does New Jersey follow Anti-deficiency laws?